Injured in Tesco's

ceebeeby

Giving the OP the benefit of the doubt, she did nothing to instigate a heavy vase falling on her foot and breaking a bone.

I'd be pretty peed off about it too, to be honest!!

IMHO, I'd write them a stinking letter telling them exactly how you felt, copied to your local Health and Safety exec and leave it at that .... will help to get over your peed off ness, but life's too short to keep it going, and the money won't help you feel better, you'll still be cross about it but maybe they'll move the vases, to stop one falling on a small child!!!

Good luck x

Tozer

Tim - really not sure you understand the rationale for tortious damages under English law. Its not to make anyone 'happy', or to give them a windfall. It is to compensate for pain and suffering and lost earnings.

If there is limited pain and suffering then the damages will be limited as well.

hollydays

d.edna wrote: »

Well when I said "its put on DVD for you" you speak to the security manager who gives a relevant form then it is processed, once approved the footage is put on DVD and you can collect it.

In theory,but in practice,not.

uktim29

Tozer wrote: »

Tim - really not sure you understand the rationale for tortious damages under English law. Its not to make anyone 'happy', or to give them a windfall.

I wasn't talking about the rationale of English law, more what motivates some people?

Tozer

uktim29 wrote: »

I wasn't talking about the rationale of English law, more what motivates some people?

My point though is that if there is no valid claim (i.e. fault), then there is no compensation.

uktyler

uktim29 wrote: »

So sueing them even though it wouldn't bring your mother back would make you feel "happy" again?

Good point!

cozza

was there any thing on the shelf the other side as one day in tescos someone i know knocked some toilet rolls one fell to the other side and knocked stuff off in the next ilse so maybe thats wot happend it is quite possiable
cozza
excuse if someone else has suggestide this

moggylover

hollydays wrote: »

I know nothing about shelf stacking, but could it be said that Tesco should put heavy items on lower shelves?

Or am I talking rubbish?

Not rubbish no - just plain common sense, which apparently the stores do not have!

I wonder what would have happened if this had been the head of a small child that the vase had smashed into;) ? Of course, it would have been the fault of said wee child for being in the shop in the first place (even if asleep in a pushchair;) ) because we shouldn't sue businesses that do stupid things at all should we:D .

Personally, I think that if the vase was up high and on shelves where it could get knocked off/put back dangerously then the shop IS being negligent. So it was only a broken toe this time - but it could have been worse and at this time of year there appears to be far too much stuffed willy, nilly on to too few shelves in my local Tesco. As to the vase needing to have been pushed - I was in Tesco a couple of years back when someone put something back on the other side of the very top shelf and they must have pushed it a little too hard because all of a sudden a dozen or more tins of Roses were flying off the shelf on the aisle I was in. Fortunately no-one was hurt - but no I do not think it is right that there is nothing between the displays to stop this happening! I suspect that there is not supposed to BE any stock on those tops anyway: but that they jam stuff up there in the absence of any other space, or sense.

uktim29

Tozer wrote: »

My point though is that if there is no valid claim (i.e. fault), then there is no compensation.

I think Uktyler below your comment noticed what I was picking up on.

petrafyde

I've been reading this for a few days, and Asda have small perspex stands on the top shelves of some aisles to stop this sort of thing happening. I'm surprised Tesco don't - even if only on top shelves where heavy items for. OP - can you remember if there was anything like that in place?

Having thought about it, providing there were no preventative measures in place (like the sort of thing I mentioned above) I think you'd have a case. Theoretically, it is up to Tesco to implement policies and try to prevent accidents like that happening, and as Moggy said above - it could've been a baby in a pram beneath that vase.

It's not about compensation imo, its more about Tesco realising they need to take care with things like that! For a start a huge vase should be on the bottom shelf, not the top one! It's common sense?